Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Description

The European Union's growing accountability deficit threatens to undermine its legitimacy. This was acknowledged by the Member States at their summit in Nice in December 2001. Recognising the need to improve 'the democratic legitimacy and transparency of the Union and its institutions, in order to bring them closer to its citizens', they agreed to launch a debate on the Union's future. That debate will start to crystallise in 2004, when negotiations on a new set of Treaty changes will begin. The issue will therefore remain high on the political agenda for the foreseeable future. The contributors to this interdisciplinary collection of essays consider various aspects of accountability and legitimacy in the European Union. How open should the Union's decision-making be? What is the right balance between accountability and efficiency? Does the Union now need a formal constitution? How can respect for democracy, fundamental rights and the rule of law in the Union best be ensured? These are just some of the questions explored in this book.

Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Table of Contents

List of contributors List of abbreviations Foreword by the Rt Hon Christopher Patten, Member, European Commission Introduction Part I: Institutions and decision-making 1. Decision-making in the European Union after Nice: the legal framework, Alan Dashwood2. Decision-making under the second pillar, Adrian Hyde-Price3. Decision-making in the area of freedom, security and justice, Jörg Monar4. Legitimacy and accountability in the European Union: what is the contribution of the transparency debate?, Peter Dyrberg5. Enhanced cooperation or flexibility, John Usher6. Legitimacy, accountability and delegation in the European Union, Anand Menon and Stephen Weatherill7. The judicial architecture of the European Union after Nice, Laurence Gormley8. On the legitimacy and accountability of the European Central Bank: legal arrangements and practical experiences, Fabian AmtenbrinkPart II: Constitutionalism and the future of Europe 9. The German debate on the future of the European Union, William Paterson10. Drafting a constitution for Europe: a case of too many "borders"?, Sophie Boyron11. The case for a Constitution, Frank Vibert12. The delimitation of powers between the European Union and its Member States, Bruno de Witte and and Gráinne de Búrca13. Democracy in the European Union: procedures and principles, Nanette Neuwahl14. The rule of law in the European Union, Anthony ArnullPart III: Fundamental rights and social rights 15. Protecting fundamental rights in Europe: a legal analysis, Jeremy McBride16. The Charter of Fundamental Rights and the legitimacy and accountability of the European Union, Francis G Jacobs17. The principle of non-discrimination after Nice, Evelyn Ellis18. Protecting fundamental rights and social rights: an economic analysis, Lothar FunkPart IV: New governance and the European Union 19. Social policy in the post-Nice era, Erika Szyszczak20. EMU and regional economic convergence, Ronald L Martin21. EMU and the Lisbon goals in an enlarged European Union, Andy Mullineux and Cillian Ryan22. Rights, governance and the future of Europe, Daniel WincottPart V: Enlargement and the movement of people 23. The enlargement of the Union: a legal analysis, Christophe Hillion24. The enlargement process and the candidate States, Brigid Fowler25. The free movement of persons in the post-Nice Union: the legal framework, Julian Lonbay26. Managing the EU's new external border, Judy Batt27. Immigration and asylum after Nice: from 'zero immigration policy' to the logic of market necessity, Fiorella Dell'Olio

Accountability and Legitimacy in the European Union

Edited by Anthony Arnull and Daniel Wincott

Author Information

ANTHONY ARNULL graduated from the University of Sussex in 1980 and qualified as a solicitor in 1983. From 1983-1989, he was a lecturer in law at the University of Leicester, where he was awarded his PhD in 1988. He was a Legal Secretary at the Court of Justice of the European Communities in the Chambers of Advocate General FG Jacobs from 1989 to 1992, when he took up the Chair of European Law at the University of Birmingham. In 1994, he was awarded a Jean Monnet Chair by the European Commission. In 1998, he acted as Specialist Adviser to the House of Lords Select Committee on the European Communities. Professor Arnull is co-editor of the European Law Review. He is a member of the following: the JUSTICE Expert Panel on the European Union; the Advisory Board of the British Institute of International and Comparative Law and that Board's Community Law Section; and the editorial board of the Cambridge Yearbook of European Legal Studies DANIEL WINCOTT has undergraduate and Masters degrees from the University of Manchester and a PhD from the London School of Economics and Political Science. He has worked at the Universities of Leicester and Warwick (where he held a Jean Monnet Chair in Law and Politics) before moving to the University of Birmingham in 1995. In 2001 he was a special advisor on European Governance to Neil Kinnock, Vice President of the European Commission. He is an editor of the British Journal of Politics and International Relations. His main research interests concern the European Union (especially the politics of European law) and comparative public policy, and he has published papers in leading journals including The European Law Journal, Government and Opposition, Journal of Common Market Studies, Journal of European Public Policy, Political Studies and Public Administration.